Should expired domains be treated like abandoned property or intellectual property?

[nicenicnicenic is verified member.]

Right now, when a domain expires, it enters a system that treats it basically like abandoned property. It gets auctioned, recycled, or picked up by whoever's fastest.
But a lot of people argue that domains, especially branded ones, feel more like intellectual property.

So what's the right way to think about it?
Should they have some kind of IP-style protection, even after expiration?
Where's the line between "fair market process"and "digital identity hijacking"?

 

[cactusfly]

We can petition organizations who own the registry to extend due dates. I might be wrong, but what's your suggestion?

 

[Ricado]

Treating domain names as either “abandoned property” or “intellectual property” is a misunderstanding in itself. Although we commonly refer to the registrant as the domain owner, what the registrant actually holds is a right of use, not ownership.


This is closer to the concept of land use rights. When a lease expires and the holder chooses not to continue paying the fee, the right is revoked and the land returns to the system, waiting for the next party to sign a new agreement.


If ownership was never obtained in the first place, it makes little sense to frame expired domains as any form of “property” at all.

 

[nicenicnicenic is verified member.]

We can petition organizations who own the registry to extend due dates. I might be wrong, but what's your suggestion?

The fastest wins usually come from tightening renewal safeguards:

stronger multi-channel notices
default auto-renew for portfolios
registrar locks/2FA
clearer grace/redemption policies

so fewer legitimate owners lose names to simple misses.

Treating domain names as either “abandoned property” or “intellectual property” is a misunderstanding in itself. Although we commonly refer to the registrant as the domain owner, what the registrant actually holds is a right of use, not ownership.


This is closer to the concept of land use rights. When a lease expires and the holder chooses not to continue paying the fee, the right is revoked and the land returns to the system, waiting for the next party to sign a new agreement.


If ownership was never obtained in the first place, it makes little sense to frame expired domains as any form of “property” at all.

Appreciate this clarification, Ricado.

It also helps explain why expired domains reset legally, but not economically.

 

[leonidleonid is verified member.]

NameSilo has such safeguards (2FA, Domain Defender, grace and expiration policies, default auto-renew, etc.). But in some cases, people don’t want to renew anymore. In other cases, even if auto-renew is enabled, the billing profile has expired.

https://www.namesilo.com/support/v2/articles/policies/expiration-process

Also, at NameSilo, the client has the right to renew an expired domain for 30 days after expiration, even if there are bids on it. That is the grace period.

After the grace period, if there are no bids, the domain enters the restore period, from day 34 to day 64 after expiration, during which the client can still renew the domain.